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II PK 205/09 AI generated

Supreme Court dismissed appeal; employee transfer did not occur as he was not yet employed by new company.

Case Number II PK 205/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking compensation for wrongful termination and unpaid vacation. The court found that although the employee managed the transfer of assets, he was not legally employed by the new company until after the transfer occurred. Consequently, the statutory conditions for a transfer of the workplace under Article 231 of the Labor Code were not met. The court ruled that the lower court correctly determined the employment relationship began only after the asset transfer, invalidating the claim for transfer-related compensation.

Legislator headnote

AI generated

Art. 231 k.p.; A transfer of the workplace requires the employee to be legally employed by the transferring entity at the time of transfer, which was not established in this case as the employment contract was concluded post-transfer.

Keywords

AI generated
transfer of workplace labor code article 231 employee status timing cassation appeal dismissal employment relationship establishment management role transfer vacation compensation claim

Cited Legislation

AI generated
Art. 231 k.p.
Art. 551 k.c.
Art. 398 k.p.c.
art. 231 k.p
art. 551 k.c
art. 30 § 4 k.p
art. 52 § 2 k.p
art. 36 k.p
art. 56 k.p
art. 36 § 11 k.p

Cited Case Law

AI generated
II CZP 44/00
I PK 601/02
III CZP 44/00
Cooperative cannot transfer entire business as non-monetary contribution if it ceases statutory economic activity.
V CSK 156/07
Cassation appeal dismissed; court held factual takeover defines employer under Art. 231 K.P. and cassation court lacks jurisdiction to examine uncharged material law violations.
I PK 75/06
Labor law ruling: Failure to consult unions does not invalidate transfer of workplace to new employer.

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